Ahmadabad: Central Administrative Tribunal (CAT) is likely to pass final order on the petition of IPS officer Rahul Sharma, who has challenged the chargesheet
served to him with regard to phone-call records CD of the 2002 riot period, on April 19.
Bench of Ashok Kumar and Chameli Majumdar fixed the date for order after both the petitioner and the state government submitted final written arguments.
At the last hearing on March 15, the tribunal also
ordered extension of the deadline set by government for Sharma
to file reply to the chargesheet, till the order in this
matter is passed.
Sharma`s petition contends that he is being victimised
for deposing before the Nanavati Commission which is probing
the 2002 Gujarat riots.
The bench heard the petition on a limited issue: whether
he enjoys immunity, under section 6 of Commissions of Inquiry
Act, 1952, from civil and criminal proceedings.
Section 6 grants immunity to witnesses for the statements
made before a commission. But state had opposed this, and
termed the petition as premature.
According to Gujarat government, chargesheet against
Sharma had nothing to do with deposition before riots panel.
Sharma is charged with misconduct under Sec 3(1) of All
India Service Rules 1969. Chargesheet says he did not submit
the original CD containing mobile call records related to 2002
riots period to the investigating officers or supervisory
officers when he was transfered from erstwhile posting.
Sharma`s petition says he did send the CD in question
through a police messenger to the then Joint Police
Commissioner P P Pande, after which the CD became untraceable.